Every unfair dismissal case turns on its particular facts - no
firm advice can be given without looking at the details.
However, as a general rule, you risk losing your job if you refuse
to carry out a legitimate and reasonable instruction given to you
by your employer. So a tribunal would first of all look at
the instruction.
The dismissal would probably be unfair if the instruction was
that you break the law, e.g. drive faster than the speed limit, or
enter false accounting records. It is unlawful for your employer to
instruct you to discriminate against someone, for example because
of their race, sex, disability, sexual orientation or religion or
belief. If you are sacked for refusing to carry out an instruction
to discriminate, an employment tribunal would probably find this an
unfair dismissal.
It might also be unfair if the instruction, although legal, was
beyond your contract and clearly unreasonable.
If the instruction is lawful and reasonable, but of minor
importance and the refusal was your first offence, the tribunal
might decide your refusal was not gross misconduct. However
if the instruction is repeated but you still refuse, that could
well result in a fair dismissal.
Tribunals will also take into account, where it is relevant,
whether your colleagues were prepared to obey the order.
You can refuse to work in conditions of serious and imminent
danger, provided you cannot find another way of averting the
risk.
There is no general right to a warning before you are dismissed. That is why unions negotiate disciplinary procedures, to protect workers.
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Your contract of employment will usually state the period of notice which both you and your employer need to give to terminate the contract.
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Workers have the right to be accompanied at disciplinary and grievance hearings and appeals, even if their employer does not recognise their Union.
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Every unfair dismissal case turns on its particular facts
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Before you can complain to an Employment Tribunal that you have been unfairly dismissed
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